Bill Summary for S 768 (2021)

Summary date: 

May 23 2022

Bill Information:

View NCGA Bill Details2021
Senate Bill 768 (Public) Filed Monday, May 23, 2022
Intro. by Galey, Newton.

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Bill summary

Part I.

Updates the statutory cross-references related to land use law in the following statutes: GS 18B-904, GS 20-81.12, GS 40A-3, GS 42A-3, GS 44A-11.2, GS 44A-24.2, GS 62-100, GS 87-14, GS 106-678, GS 106-738, GS 106-743.1, GS 106-743.4, GS 106-850, GS 115C-525, GS 122C-403, GS 122C-410, GS 130A-64.1, GS 130A-247, GS 130A-250, GS 130A-291.1, GS 130A-309.118, GS 130A-310.37, GS 130A-310.77, GS 131D-2.1, GS 132-1.2, GS 139-60, GS 143-64.17K, GS 143-139, GS 143-139.4, GS 143-151.8, GS 143-151.12, GS 143-151.13, GS 143-151.15, GS 143-151.17, GS 143-214.5, GS 143-215.104T, GS 143-465, GS 143B-373, GS 153A-44, GS 153A-149, GS 153A-210.4, GS 153A-471, GS 159G-23, GS 160A-31, GS 160A-58.1, GS 160A-58.4, GS 160A-209, GS 160A-239.4, GS 160A-307.1, GS 160A-505, GS 162A-6, GS 162A-9, and GS 162A-93. Makes additional organizational, technical, and clarifying changes, and deletes outdated language.

Further amends GS 87-14 by requiring that the affidavit to be submitted when any person, firm, or corporation applying for a building permit where the cost is $30,000 or more, claims to be exempt from licensing required to carry out or superintend the construction, by requiring that if the applicant is a firm or corporation, that the applicant attest that the person submitting the application is an owner, officer, or member of the firm or corporation that owns the property. Makes additional clarifying changes.

Part II.

Amends GS 1-54.1 by requiring an action contesting the validity of any ordinance adopting or amending a zoning map or approving a conditional zoning district rezoning request to be brought within 60 days of the adoption of the ordinance.

Amends GS 160D-1405 by requiring that an action challenging the validity of a development regulation adopted under GS Chapter 160D or other applicable law be brought within one year of the accrual of the action as provided in GS 1-54(10). Also clarifies that a challenge to an ordinance on the basis of an alleged defect in the adoption process must be brought within three years after the adoption of the ordinance as provided in GS 1-54(10). Makes additional clarifying changes.

Amends GS 47C-2-117 by making clarifying and technical changes.

Amends GS 47F-1-102 by making clarifying and technical changes.

Amends GS 113-276 by deleting subsection (j), which gave a migrant farm worker who possesses a temporary certification of his status as such by the Rural Employment Service of the Division of Employment Security on a form provided by the Wildlife Resources Commission, the privileges of a resident of the State and of the county indicated on the certification during the term thereof for the purposes of purchasing and using the specified resident fishing licenses. 

Recodifies GS 126-5(b)(1) as (b)(3a). Amends GS 126-5 by removing outdated statutory references, and making clarifying and technical changes.

Amends GS 160D-405 to direct appeals of administrative decisions on subdivision plats to be made as provided in GS 160D-1403. Makes clarifying and technical changes.

Amends GS 160D-808 to require rather than permit appeals of subdivision decisions to be made pursuant to GS 160D-1403.

Amends GS 160D-1403 to provide that decisions by a governing body or planning board concerning the approval or denial of preliminary or final subdivision plats, or decisions implementing subdivision regulations, are subject to judicial review if an action is filed within the 30-day period given from receipt of notice of the decision, when such decisions are deemed administrative by the relevant subdivision regulation (currently, only provides for administrative decisions of whether to approve or deny a preliminary or final subdivision are subject to judicial review if so described by the subdivision regulation). Adds a new provision to distinguish all such decisions of the same nature made by staff or a staff committee from those made by the governing body or planning board, making staff or committee decisions subject to appeal as provided for other administrative decisions in GS 160D-405. Makes technical changes. 

Makes a technical correction to the introductory language of Sections 3(a) and 4(a) of SL 2021-39. 

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